You ask this office to reconsider our ruling in Open Records Letter No. 99-0248 (1999).
Your request for reconsideration was assigned ID# 123803.

The Lower Colorado River Authority (the "authority") received a request from the Hill
Country Heritage Foundation for various categories of information. In Open Records Letter
No. 99-0248, this office concluded that the authority could not withhold the requested
information under section 552.103 of the Government Code because the underlying court
case had concluded.

In your request for reconsideration, you have provided additional information in an attempt
to show that the requested information relates to issues that are still in dispute. We note that
a governmental body must explain the reasons why the stated exceptions apply within fifteen
days of receiving the request. See Gov't Code § 552.301. You did not timely submit all
your arguments in connection with the authority's original request for a ruling.
Consequently, the authority may not withhold the requested information under section
552.103(a).

You also contend that attachment B-1 is excepted from disclosure under section 552.107 of
the Government Code. You did not raise section 552.107 in the authority's original request
for a ruling. Since section 552.107 is a discretionary exception, a governmental body waives
this exception by failing to timely invoke it. See Open Records Decision No. 630 (1994)
(mere fact that the information is within the attorney-client privilege and would be excepted
from disclosure under section 552.107(1) if governmental body had made timely request for
an open records decision does not alone constitute compelling reason to withhold
information). Consequently, we will not address your new arguments under section 552.107.

We hereby affirm the conclusion we reached in Open Records Letter No. 99-0248. If you
have questions about this ruling, please contact our office.